Adverse Action and Candidate Appeal Process

When the background review reflects a criminal conviction, the Human Resource Partner in consultation with the hiring department shall evaluate the conviction in the context of all other available information, to determine whether it is relevant to the specific job responsibilities of the position. Such information in possession of the University for the purpose of evaluating employment is not considered a public record and shall be treated as a confidential personnel matter.

If a preliminary judgment is made that the conviction will have a sufficient impact on the position the information shall be discussed with the candidate to give the candidate a reasonable opportunity to provide clarifying information.

The candidate will have 5 business days following receipt of the notice to contact the hiring department if he or she believes that a mistake has occurred. A Pre-Adverse Action Notice that sets the basis for the disqualification, with a copy of the background report, and a copy of Summary of Your Rights under the Fair Credit Reporting Act (FCRA) will be issued to the candidate. It is the responsibility of the candidate to contact the third party vendor if he or she believes that a mistake has occurred.

If the candidate does not respond within seven (7) calendar days or if the response does not remove the disqualifying information and the candidate is not currently employed at the University, the hiring department may withdraw the offer of employment. To withdraw an offer the hiring department must provide the candidate with an Adverse Action Notice that includes a copy of Summary of Your Rights. If the candidate provides information that removes or clarifies the disqualifying information, the hiring department may proceed with the hiring process.

If the candidate is currently employed at the University in a different position and does not respond in a timely matter or if the response does not remove the disqualifying information, then the hiring department must consult with Human Resources and employee’s home department, to review the matter and determine if the candidate is suitable for continued employment in his or her current position.